2011 (1) TMI 755

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.... Shri Savith V. Gopal, Advocate, for the Respondent [Order per : Chittaranjan Satapathy, Member (T)]. -  Heard both sides. 2. The impugned order was passed by the Tribunal with the following observation :- "We find that the lower appellate authority has decided this case applying the ratio of the decision of the Tribunal in the case of CCE, Hyderabad v. Aurobindo Pharma Ltd....

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....S.T.R. 84 (S.C.), non-consideration of a decision of the jurisdictional Court or of the Supreme Court can be said to be a mistake apparent from record needing rectification. As such, since the cited decision of the Hon'ble Supreme Court in the case of Osram Surya (supra) was not cited and not considered by the Bench while passing the impugned order dated 5-11-2009, we allow the miscellaneous appli....